A husband and wife have been charged with unlawful use of a weapon after pointing their guns at Black Lives Matter protesters outside their mansion in St Louis, Missouri, last month.
Lawyers Mark and Patricia McCloskey stood barefoot outside their mansion, drawing their guns as protesters marched down a private street to demonstrate in front of the mayor's house last month.
Photos and video of the couple were widely circulated online and retweeted by US President Donald Trump drawing swift condemnation.
The couple said they felt threatened as protesters demonstrated on the grounds of their home.
But the state’s first black circuit attorney, the top prosecutor in the state, Kim Gardner, said they risked creating violence at an otherwise peaceful protest.
"It is illegal to wave weapons in a threatening manner at those participating in nonviolent protest, and while we are fortunate this situation did not escalate into deadly force, this type of conduct is unacceptable in St Louis," Kim Gardner said.
"We must protect the right to peacefully protest, and any attempt to chill it through intimidation will not be tolerated," she added.
The McCloskeys also face a charge of fourth-degree assault.
Lawyer for the couple, Joel Schwartz, said the decision was “disheartening” and said he believed no crime had been committed.
Armed homeowners Mark and Patricia McCloskey, confront Black Lives Matter protesters in St Louis. Source: St. Louis Post-Dispatch
Supporters of the McCloskeys said they were legally defending their $US1.15 million ($A2.14 million) home.
Ms Gardner is recommending a diversion program such as community service rather than jail time if the McCloskeys are convicted. Typically, class E felonies could result in up to four years in prison.
Several Republican leaders have condemned Ms Gardner's investigation, including President Donald Trump, Missouri Governor Mike Parson and Senator Josh Hawley, who has urged Attorney General William Barr to undertake a civil rights investigation of Ms Gardner.
The state’s Governor Mike Parson stated he was willing to use his pardon powers if prosecutors brought criminal charges against the pair.
"I don't think they're going to spend any time in jail," the Republican told a local radio station last week.
Ms Gardner said Mr Trump, Governor Parson and others were attacking her to distract from "their failed approach to the COVID-19 pandemic" and other issues.
St Louis, like many cities across the country, has seen demonstrations in the weeks since George Floyd's death in Minneapolis, and the McCloskeys' home was initially incidental to the demonstration on 28 June.
Several hundred people were marching to the home of Democratic Mayor Lyda Krewson, a few blocks from the McCloskeys' home.
Mayor Krewson had angered activists by reading on Facebook Live the names and addresses of some who had called for defunding police.
A police report said the couple heard a loud commotion and saw a large group of people break an iron gate marked with "No Trespassing" and "Private Street" signs.
A protest leader, the Reverend Darryl Gray, said the gate was open and that protesters didn't damage it.
Mark McCloskey confronted protesters with a semi-automatic rifle, screamed at them and pointed the weapon at them, according to a statement from police officer Curtis Burgdorf.
The statement said Patricia McCloskey then emerged with a semi-automatic handgun, yelling at protesters to "go" and pointing the gun at them.
Protesters feared "being injured due to Patricia McCloskey's finger being on the trigger, coupled with her excited demeanour," the statement said.
No shots were fired.
Additional reporting by AAP
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